Non Raceday Inquiry RIU v M Fraser-Campin and C Campin – Decision dated 1 April 2016 – Chair, Mr R Seabrook
ID: JCA17214
Decision:
NON RACEDAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
RIU v Mr M Fraser-Campin and Mr C Campin
JUDICIAL COMMITTEE: Mr Richard Seabrook – Chairman, Mr Adrian Dooley – Committee Member
VENUE: Arawa Park, Rotorua
DATE: 1 April 2016
INFORMATION NUMBER: A7132
INFORMANT: Racing Integrity Unit – Mr A Cruickshank, RIU Investigator
RESPONDENTS: Mr M Fraser – Campin, Licensed Trainer and Mr C Campin, Licensed Trainer
OTHER PEOPLE ALSO PRESENT: Mr O Westerland - RIU Investigator, Mr W Dollimore, Counsel for Defendants
RULE: Rule 804 (2)
This Rule reads as follows: When a horse which has been brought to a Racecourse or similar racing facility for the Purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, as defined in Part A of Prohibited Substance Regulations, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules.
PLEA: Admitted
CHARGE: On the 9TH day of February 2016, at Matamata, being the registered trainers for the time being in charge of the 2 year old Gelding by ‘Stravinsky (USA)’ – ‘Gimmick’, which was brought to the Matamata Racing Club Trials for the purpose of engaging in, and did engage in Heat 8, conducted by the Matamata Racing Club, when the said horse was found to have in its metabolism a Prohibited Substance, namely Phenylbutazone and Oxyphenbutazone which is in breach of New Zealand Thoroughbred Racing Rule 804(2) and are therefore subject to the penalty or penalties which may be imposed pursuant to Rules 804(6) and 804(7) of the said Rules.
SUMMARY OF FACTS by Mr A Cruickshank, RIU Investigator
Mr Mark FRASER-CAMPIN and Mr Christopher CAMPIN are the holders of a Class A Trainer Licence issued by New Zealand Thoroughbred Racing (NZTR). They have been in a training partnership for approximately 4 years.
On the 9th of February 2016 the 2 year old Gelding ‘Stravinsky (USA)’ – ‘Gimmick’ was correctly entered and started in Heat 8 of the Matamata Racing Club Trials at the Matamata Racecourse.
The horse is owned by Chequers N.Z. Limited. The Companies Office shows that shares in the company are held equally between Mark William FRASER-CAMPIN and Christopher James CAMPIN.
The ‘Stravinsky’ Gelding finished third (3rd) of the six horse trial.
The ‘Stravinsky’ Gelding was randomly selected for a post-race swab. The horse was accompanied by Mr FRASER-CAMPIN. A blood sample was obtained at 12.14pm approximately 20 minutes after the trial commenced at 11.54am.
Both Mr FRASER-CAMPIN and the RIU Veterinarian Dr Len Smith reported that there were no difficulties or irregularities with the collection of the blood from the ‘Stravinsky’ Gelding.
At the conclusion of the Trials the samples were checked by a Racecourse Investigator and then place in a tamper proof security bag with other samples taken that day and forwarded to the New Zealand Racing Laboratory in Auckland.
On the 25th February 2016, the Official Racing Analyst at the New Zealand Racing Laboratory, Mr Rob Howitt, reported in writing that the sample taken from the ‘Stravinsky’ Gelding had been analysed and contained the Prohibited Substance Phenylbutazone and Oxyphenbutazone.
Phenylbutazone is a nonsteroidal anti-inflammatory drug commonly used to treat short term pain and fever in horses. Oxyphenbutazone is a metabolite of Phenylbutazone.
In horses, and in particular race horses, Phenylbutazone is used for the following purposes: pain relief from infections and musculoskeletal disorders including sprains, overuse injuries, tendinitis, arthritis, and laminitis. It acts directly on musculoskeletal tissue to control inflammation, therefore reducing secondary inflammatory damage, alleviating pain and restoring range of motion.
Phenylbutazone is therefore a Prohibited Substance within the Rules of Racing. The presence of Phenylbutazone at a race day or trial is therefore prima facie, a breach of the Rules.
Mr FRASER-CAMPIN and Mr CAMPIN were interviewed at their property on the 15th March 2016. Mr CAMPIN advised that he was overseas from 1 February 2016 to 3 March 2016. He was therefore unable to assist Investigators.
Mr FRASER-CAMPIN was surprised to learn of the positive test and after checking his diary records was able to establish that on 8 February 2016 (Waitangi Day holiday) two of their horses had each lost a shoe.
Mr FRASER-CAMPIN prepared 10ml of Phenylbutazone in a syringe and instructed an employee to administer it to the other horse. He stated that it now appears that the employee, whose first language is not English, has mistaken the instruction and administered the Phenylbutazone to the ‘Stravinsky’ Gelding.
Mr FRASER-CAMPIN is the racing trainer in the partnership and has held various training permits in both New Zealand and Australia over the last 26 years. He is now 42 years of age. Mr CAMPIN principally deals with the Stud and Breeding aspect of the partnership and has been licenced for the last 4 years. He is 44 years of age.
They have no previous history of Rule breaches with NZTR.
DECISION:
As the breach was admitted we find the charge proved.
PENALTY SUBMISSIONS by Mr A Cruickshank:
1. The respondents Mr FRASER-CAMPIN and Christopher CAMPIN are licensed Class A Trainers. Both Mr FRASER-CAMPIN and Mr CAMPIN have been involved in the racing industry for all of their adult lives. Mr FRASER-CAMPIN is 42 years of age with a date of birth of 12 April 1973. Mr CAMPIN is 44 years of age with a date of birth of 9 December 1971.
2. Mr FRASER-CAMPIN and Mr CAMPIN have admitted a breach of the rules in relation to a charge of entering, presenting and racing a horse in a trial at the Matamata Racecourse when that horse had within its body a Prohibited Substance namely Phenylbutazone and Oxyphenbutazone.
3. The facts are set out in the Summary of Facts and these are not disputed.
4. The penalties which may be imposed are also fully detailed in the Charge Rule Penalty provisions document.
5. I believe that this breach can be dealt with by way of monetary penalty. To that end the R.I.U seek a minimum fine of $3000.00.
6. In support of this penalty I will refer to a previous decision by the J.C.A which set the precedent and may be of some assistance.
7. In R.I.U v S.J. THOMPSON-BROWN and M.P. BROWN (3.06.13) this matter related to positive test to Phenylbutazone and Oxyphenbutazone at a trial meeting at Otaki. The Committee determined that the appropriate starting point for this offence was a $3000.00 fine. Penalty imposed $2000.00 fine.
8. This matter can be distinguished from the Appeal B. McDonald and T. Donaldson v R.I.U (7.08.15) in which there were significant aggravating features.
9. This is not a situation where the drug in this case ‘Phenylbutazone’ was administered deliberately or to enhance performance. This is simply a matter where an employee, who has English as a second language, has misunderstood which of the two horses was to receive the Phenylbutazone.
10. Mr FRASER-CAMPIN was surprised to learn of the positive test and it was only after consulting his diary that he has been able to establish what occurred.
11. It is acknowledged that Mr FRASER-CAMPIN and Mr CAMPIN have been fully co-operative throughout the investigative process.
12. They have no other rule breaches during their involvement in the industry.
13. None of the ‘B’ samples have been tested and the R.I.U is not seeking costs.
PENALTY SUBMISSIONS by Mr W Dollimore, Counsel for the Defendants:
1 The respondents, Mr Fraser-Campin and Mr Campin train in partnership and are licensed class A trainers. Both Mr Fraser-Campin and Mr Campin have been involved in the racing industry for their entire working lives. Mr Fraser-Campin is 42 years of age and Mr Campin is also 42.
2 Both respondents have an impeccable record in the racing industry and also the breeding industry.
3 The respondents have admitted the breach of the rule in relation to a charge of entering, presenting and racing a horse at a trial at the Matamata race course when the horse had within its body the prohibited substance, namely Phenylbutazone and Oxyphenbutazone.
4 The facts as presented are not in dispute and are fair and accurate. Counsel apprehends that the starting point sort by the RIU, the Informant, is a minimum fine of $3000. That of course is the starting point before deductions and discounts are afforded for a variety of mitigating features which Counsel will direct the Committee.
5 Counsel for the respondents will refer to a schedule of JCA cases annexed hereto. Counsel will further refer you to RIU v SJ Thompson-Brown and MP Brown. This matter related to a positive to Phenylbutazone at a trial meeting at Otaki. The Committee determined that the appropriate starting point for this offence was a monetary penalty of $3000. The ultimate penalty was a fine of $2000 after making the various discounts for pleas of guilty, cooperation with authorities and taking in regard to other mitigating features.
6 Counsel acknowledges the responsible submission by the by the informant that the recent appeal case of Brett McDonald and Tania Donaldson v RIU is not relevant and significantly different. There are no comparable Features.(SERIOUS RACING OFFENCES)
7 This is a case where there is no intent. This is not a situation where the drug Phenylbutazone was administered deliberately or to enhance trial race day performance. This is simply a matter where an employee, who has English as a second language, has misunderstood which of the two horses was to receive the Phenylbutazone.
8 Mr Fraser-Campin was completely surprised to learn of this positive swab and it was only after consulting his notes and diary that he began to establish what had occurred.
9 It is acknowledged by Mr Fraser- Campin and Mr Campin that they were fully cooperative with the authorities throughout the investigative process. That cooperation has continued with the prompt plea of guilty.
10 The Respondents have an excellent record and are highly regarded in the racing and breeding industry. Counsel has referred to various character references, namely Mr Michael Martin and veterinary practitioner, Mr Ian McKay.
11 Taking into account all the circumstances, the early guilty plea, the cooperation by these trainers, their explanation, counsel respectfully submits the least restrictive outcome is a moderate fine in the range of $1500--$2000.
REASONS FOR PENALTY:
The Committee has carefully considered all the evidence and submissions as presented. We have found there are several strong mitigating factors surrounding this case. Mr Fraser-Campin and Mr Campin have admitted the breach to rule 804(2) at the earliest opportunity. They have an unblemished record in the industry over a long period of time. It is clear from the RIU submissions they have been fully cooperative with the investigators from the outset. The committee is also satisfied there was no intent on Mr Fraser- Campin’s part to gain an advantage by administering a prohibited substance namely Phenylbutazone.
In addressing penalty the committee has referred to the JCA penalty guide effective 1 May 2015. This states the starting point for presentation offences with a prohibited substance is $8000. However the committee has also referred to the RIU v SJ Thompson–Brown case. As this case related to a trial and not a race day, the Committee has adopted $4000 as a starting point which is half the race day figure and consistent with the Thompson-Brown approach. The committee is mindful that trials differ from race days as there is no betting and stake money involved. However the integrity of the industry is paramount and even in the case of trials there can be significant financial rewards for owners and trainers.
PENALTY:
After taking all the above into account the Committee considers an appropriate penalty is a $3000 fine. A $1000 reduction from the starting point is given because of the notable mitigating factors in this case.
Further we order the disqualification, under the provisions of the rule 804 (8) of the NZTR, of the unnamed STRAVINSKY/GIMMICK gelding from heat 8 at the trials held at the Matamata Racing Club on 9 February 2016.
In addition, that as this hearing was held on a race day there will be no order of costs.
R Seabrook Chairman
A Dooley Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 04/04/2016
Publish Date: 04/04/2016
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
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decisiondate: 04/04/2016
hearing_title: Non Raceday Inquiry RIU v M Fraser-Campin and C Campin - Decision dated 1 April 2016 - Chair, Mr R Seabrook
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
NON RACEDAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
RIU v Mr M Fraser-Campin and Mr C Campin
JUDICIAL COMMITTEE: Mr Richard Seabrook – Chairman, Mr Adrian Dooley – Committee Member
VENUE: Arawa Park, Rotorua
DATE: 1 April 2016
INFORMATION NUMBER: A7132
INFORMANT: Racing Integrity Unit – Mr A Cruickshank, RIU Investigator
RESPONDENTS: Mr M Fraser – Campin, Licensed Trainer and Mr C Campin, Licensed Trainer
OTHER PEOPLE ALSO PRESENT: Mr O Westerland - RIU Investigator, Mr W Dollimore, Counsel for Defendants
RULE: Rule 804 (2)
This Rule reads as follows: When a horse which has been brought to a Racecourse or similar racing facility for the Purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, as defined in Part A of Prohibited Substance Regulations, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules.
PLEA: Admitted
CHARGE: On the 9TH day of February 2016, at Matamata, being the registered trainers for the time being in charge of the 2 year old Gelding by ‘Stravinsky (USA)’ – ‘Gimmick’, which was brought to the Matamata Racing Club Trials for the purpose of engaging in, and did engage in Heat 8, conducted by the Matamata Racing Club, when the said horse was found to have in its metabolism a Prohibited Substance, namely Phenylbutazone and Oxyphenbutazone which is in breach of New Zealand Thoroughbred Racing Rule 804(2) and are therefore subject to the penalty or penalties which may be imposed pursuant to Rules 804(6) and 804(7) of the said Rules.
SUMMARY OF FACTS by Mr A Cruickshank, RIU Investigator
Mr Mark FRASER-CAMPIN and Mr Christopher CAMPIN are the holders of a Class A Trainer Licence issued by New Zealand Thoroughbred Racing (NZTR). They have been in a training partnership for approximately 4 years.
On the 9th of February 2016 the 2 year old Gelding ‘Stravinsky (USA)’ – ‘Gimmick’ was correctly entered and started in Heat 8 of the Matamata Racing Club Trials at the Matamata Racecourse.
The horse is owned by Chequers N.Z. Limited. The Companies Office shows that shares in the company are held equally between Mark William FRASER-CAMPIN and Christopher James CAMPIN.
The ‘Stravinsky’ Gelding finished third (3rd) of the six horse trial.
The ‘Stravinsky’ Gelding was randomly selected for a post-race swab. The horse was accompanied by Mr FRASER-CAMPIN. A blood sample was obtained at 12.14pm approximately 20 minutes after the trial commenced at 11.54am.
Both Mr FRASER-CAMPIN and the RIU Veterinarian Dr Len Smith reported that there were no difficulties or irregularities with the collection of the blood from the ‘Stravinsky’ Gelding.
At the conclusion of the Trials the samples were checked by a Racecourse Investigator and then place in a tamper proof security bag with other samples taken that day and forwarded to the New Zealand Racing Laboratory in Auckland.
On the 25th February 2016, the Official Racing Analyst at the New Zealand Racing Laboratory, Mr Rob Howitt, reported in writing that the sample taken from the ‘Stravinsky’ Gelding had been analysed and contained the Prohibited Substance Phenylbutazone and Oxyphenbutazone.
Phenylbutazone is a nonsteroidal anti-inflammatory drug commonly used to treat short term pain and fever in horses. Oxyphenbutazone is a metabolite of Phenylbutazone.
In horses, and in particular race horses, Phenylbutazone is used for the following purposes: pain relief from infections and musculoskeletal disorders including sprains, overuse injuries, tendinitis, arthritis, and laminitis. It acts directly on musculoskeletal tissue to control inflammation, therefore reducing secondary inflammatory damage, alleviating pain and restoring range of motion.
Phenylbutazone is therefore a Prohibited Substance within the Rules of Racing. The presence of Phenylbutazone at a race day or trial is therefore prima facie, a breach of the Rules.
Mr FRASER-CAMPIN and Mr CAMPIN were interviewed at their property on the 15th March 2016. Mr CAMPIN advised that he was overseas from 1 February 2016 to 3 March 2016. He was therefore unable to assist Investigators.
Mr FRASER-CAMPIN was surprised to learn of the positive test and after checking his diary records was able to establish that on 8 February 2016 (Waitangi Day holiday) two of their horses had each lost a shoe.
Mr FRASER-CAMPIN prepared 10ml of Phenylbutazone in a syringe and instructed an employee to administer it to the other horse. He stated that it now appears that the employee, whose first language is not English, has mistaken the instruction and administered the Phenylbutazone to the ‘Stravinsky’ Gelding.
Mr FRASER-CAMPIN is the racing trainer in the partnership and has held various training permits in both New Zealand and Australia over the last 26 years. He is now 42 years of age. Mr CAMPIN principally deals with the Stud and Breeding aspect of the partnership and has been licenced for the last 4 years. He is 44 years of age.
They have no previous history of Rule breaches with NZTR.
DECISION:
As the breach was admitted we find the charge proved.
PENALTY SUBMISSIONS by Mr A Cruickshank:
1. The respondents Mr FRASER-CAMPIN and Christopher CAMPIN are licensed Class A Trainers. Both Mr FRASER-CAMPIN and Mr CAMPIN have been involved in the racing industry for all of their adult lives. Mr FRASER-CAMPIN is 42 years of age with a date of birth of 12 April 1973. Mr CAMPIN is 44 years of age with a date of birth of 9 December 1971.
2. Mr FRASER-CAMPIN and Mr CAMPIN have admitted a breach of the rules in relation to a charge of entering, presenting and racing a horse in a trial at the Matamata Racecourse when that horse had within its body a Prohibited Substance namely Phenylbutazone and Oxyphenbutazone.
3. The facts are set out in the Summary of Facts and these are not disputed.
4. The penalties which may be imposed are also fully detailed in the Charge Rule Penalty provisions document.
5. I believe that this breach can be dealt with by way of monetary penalty. To that end the R.I.U seek a minimum fine of $3000.00.
6. In support of this penalty I will refer to a previous decision by the J.C.A which set the precedent and may be of some assistance.
7. In R.I.U v S.J. THOMPSON-BROWN and M.P. BROWN (3.06.13) this matter related to positive test to Phenylbutazone and Oxyphenbutazone at a trial meeting at Otaki. The Committee determined that the appropriate starting point for this offence was a $3000.00 fine. Penalty imposed $2000.00 fine.
8. This matter can be distinguished from the Appeal B. McDonald and T. Donaldson v R.I.U (7.08.15) in which there were significant aggravating features.
9. This is not a situation where the drug in this case ‘Phenylbutazone’ was administered deliberately or to enhance performance. This is simply a matter where an employee, who has English as a second language, has misunderstood which of the two horses was to receive the Phenylbutazone.
10. Mr FRASER-CAMPIN was surprised to learn of the positive test and it was only after consulting his diary that he has been able to establish what occurred.
11. It is acknowledged that Mr FRASER-CAMPIN and Mr CAMPIN have been fully co-operative throughout the investigative process.
12. They have no other rule breaches during their involvement in the industry.
13. None of the ‘B’ samples have been tested and the R.I.U is not seeking costs.
PENALTY SUBMISSIONS by Mr W Dollimore, Counsel for the Defendants:
1 The respondents, Mr Fraser-Campin and Mr Campin train in partnership and are licensed class A trainers. Both Mr Fraser-Campin and Mr Campin have been involved in the racing industry for their entire working lives. Mr Fraser-Campin is 42 years of age and Mr Campin is also 42.
2 Both respondents have an impeccable record in the racing industry and also the breeding industry.
3 The respondents have admitted the breach of the rule in relation to a charge of entering, presenting and racing a horse at a trial at the Matamata race course when the horse had within its body the prohibited substance, namely Phenylbutazone and Oxyphenbutazone.
4 The facts as presented are not in dispute and are fair and accurate. Counsel apprehends that the starting point sort by the RIU, the Informant, is a minimum fine of $3000. That of course is the starting point before deductions and discounts are afforded for a variety of mitigating features which Counsel will direct the Committee.
5 Counsel for the respondents will refer to a schedule of JCA cases annexed hereto. Counsel will further refer you to RIU v SJ Thompson-Brown and MP Brown. This matter related to a positive to Phenylbutazone at a trial meeting at Otaki. The Committee determined that the appropriate starting point for this offence was a monetary penalty of $3000. The ultimate penalty was a fine of $2000 after making the various discounts for pleas of guilty, cooperation with authorities and taking in regard to other mitigating features.
6 Counsel acknowledges the responsible submission by the by the informant that the recent appeal case of Brett McDonald and Tania Donaldson v RIU is not relevant and significantly different. There are no comparable Features.(SERIOUS RACING OFFENCES)
7 This is a case where there is no intent. This is not a situation where the drug Phenylbutazone was administered deliberately or to enhance trial race day performance. This is simply a matter where an employee, who has English as a second language, has misunderstood which of the two horses was to receive the Phenylbutazone.
8 Mr Fraser-Campin was completely surprised to learn of this positive swab and it was only after consulting his notes and diary that he began to establish what had occurred.
9 It is acknowledged by Mr Fraser- Campin and Mr Campin that they were fully cooperative with the authorities throughout the investigative process. That cooperation has continued with the prompt plea of guilty.
10 The Respondents have an excellent record and are highly regarded in the racing and breeding industry. Counsel has referred to various character references, namely Mr Michael Martin and veterinary practitioner, Mr Ian McKay.
11 Taking into account all the circumstances, the early guilty plea, the cooperation by these trainers, their explanation, counsel respectfully submits the least restrictive outcome is a moderate fine in the range of $1500--$2000.
REASONS FOR PENALTY:
The Committee has carefully considered all the evidence and submissions as presented. We have found there are several strong mitigating factors surrounding this case. Mr Fraser-Campin and Mr Campin have admitted the breach to rule 804(2) at the earliest opportunity. They have an unblemished record in the industry over a long period of time. It is clear from the RIU submissions they have been fully cooperative with the investigators from the outset. The committee is also satisfied there was no intent on Mr Fraser- Campin’s part to gain an advantage by administering a prohibited substance namely Phenylbutazone.
In addressing penalty the committee has referred to the JCA penalty guide effective 1 May 2015. This states the starting point for presentation offences with a prohibited substance is $8000. However the committee has also referred to the RIU v SJ Thompson–Brown case. As this case related to a trial and not a race day, the Committee has adopted $4000 as a starting point which is half the race day figure and consistent with the Thompson-Brown approach. The committee is mindful that trials differ from race days as there is no betting and stake money involved. However the integrity of the industry is paramount and even in the case of trials there can be significant financial rewards for owners and trainers.
PENALTY:
After taking all the above into account the Committee considers an appropriate penalty is a $3000 fine. A $1000 reduction from the starting point is given because of the notable mitigating factors in this case.
Further we order the disqualification, under the provisions of the rule 804 (8) of the NZTR, of the unnamed STRAVINSKY/GIMMICK gelding from heat 8 at the trials held at the Matamata Racing Club on 9 February 2016.
In addition, that as this hearing was held on a race day there will be no order of costs.
R Seabrook Chairman
A Dooley Committee Member
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